Terms of Service

Acquiring membership at iWebPhoto (paid or free) means you read this Terms of Service and agree to it in it's entirety. This agreement may change from time to time with or without notice. Please review this agreement regularly to receive the latest information.

Mission Statement

iWebPhoto’s mission is to provide a family-friendly web site for members to share online photo albums and slide-shows, and to provide members a convenient area for storage of images for linking to external web sites. iWebPhoto offers either paid or free memberships.

No advertising appears in paid member photo display areas. You must renew your membership annually in order to keep your albums.

Free Membership Requirements In order to retain your free online photo album you must:

1. Add photos to your album within 1 month of signing up
2. Log into iWebPhoto at least once per month
3. Visit our advertisers web sites regularly

Your free account will be terminated, and your free photos will be permanently removed without notice if you do not meet all of these requirements.

Photos

• iWebPhoto ("the site") and its owners W3Now Web Design, Inc. ("W3Now") are not responsible for your photo files at any time. It is your responsibility to save copies of your photo files prior to uploading. iWebPhoto cannot guarantee the "safety" or the availability of your photo files while being uploaded to the site, or at any time after residency on the site.
• Photo files on the site are not secure from copying by users of iWebPhoto, in fact, your potots are available for public viewing, linking and copying by any iWebPhoto member or site visitor.
• Only .jpg and .gif files are allowed for upload. Other file types are not accepted. Attempting to upload other file types will result in immediate account termination, with no refund.

Before you use iWebPhoto, please read these Terms of Service carefully as they govern your use of the services provided at iWebPhoto (the "Services"). By using the Services you agree to the Terms of Service set forth below as they may be updated from time to time by iWebPhoto, Inc. ("iWebPhoto.com"). iWebPhoto may modify or terminate the Services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party, provided that when iWebPhoto does so, it will update these Terms of Service. You are advised to periodically check the website for changes in the Terms of Service.

iWebPhoto requires a license to your User Content so that it can host your images and other User Content on its servers and otherwise perform the Services. This license is temporary and will terminate once you remove your User Content from Services. Accordingly, in connection with your use of the Services, you grant to iWebPhoto a temporary, universal, non-exclusive, royalty-free, transferable license to: use, copy, modify, print, and display any User Content only as necessary to perform the Services and to distribute your User Content in instances where you have (i) made your album public (default for free accounts), (ii) posted a link to your album or User Content on another website or (iii) otherwise shared a link or the password to your album or User Content.

Objectionable Content

iWebPhoto attempts to maintain a website that is absent of offensive, indecent or objectionable content. You understand that by using iWebPhoto, you may be exposed to this content. Under no circumstances will iWebPhoto be liable in any way for any User Content, including, but not limited to, the subject matter of any User Content, any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via iWebPhoto. We ask that you help keep iWebPhoto a family oriented site by reporting objectionable photo content to iWebPhoto using the provided links.

Service Restrictions on the use of the Services

By using the Services you agree that you will not:

• Use the Services for any illegal purpose;
• Upload, email or otherwise transmit any User Content that is unlawful, obscene, harmful, threatening, defamatory or hateful or that contains objects or symbols of hate, invade the privacy of any third party, contain nudity or child erotica, or is otherwise objectionable. iWebPhoto does not control User Content of users' accounts and does not have any obligation to monitor such content for any purpose, however, iWebPhoto may chose to monitor such User Content any time in its sole discretion. You acknowledge that you are solely responsible for all content and material you provide to the Service;
• Upload, email or otherwise transmit any User Content that you do not have the lawful right to transmit (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or any User Content that infringes the intellectual or proprietary rights of any third party (including, but not limited to, copyright, trademark, service mark or patent rights) including but not limited to derivative works of such content, defacement of such content, or User Content that would violate the right of privacy or publicity of any public or non-public persons;
• Upload, e-mail or otherwise transmit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", .pyramid schemes", or any other form of solicitation;
• Upload, email or otherwise transmit any User Content that includes code hidden or otherwise contained within the images or video of any content unrelated to the image or video, such as .mp3, .wav, or other music files hidden within the file structure of the image or video;
• Upload, email or otherwise transmit any User Content that is for the promotion of products or services through direct advertisements for the purpose of commercial profit, without, first attaining the permission of iWebPhoto. This includes, but not limited to, email spam and banner advertisements;
• Use the Services in any way for the furtherance of a commercial enterprise. To be clear, individual use for classified advertisements or auctions, for sites like Craigslist and Ebay are permitted, however, people or enterprises that derive a significant portion of their income from such pursuits may not use the Services for such purposes;
• Permit any third parties to use your account for their own behalf. For example, you may not encourage others to use your iWebPhoto account for their images OR use the Services to host images which you encourage others to paste on third party sites. Your use of the Services should be limited solely on your own behalf; or
• Interfere with or disrupt (or attempt to interfere with or disrupt) web pages available at www.iWebPhoto.com, and all linked pages (the .Site.) or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.

  iWebPhoto reserves the right at all times to terminate your account, and delete any and all User Content at, in whole or in part, for any reason including, but not limited to, violations of these Terms of Service. If you do violate these Terms of Service, iWebPhoto reserves the right to share any information with any third party. In addition, iWebPhoto reserves the right at all times to disclose any User Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion.

Age Requirements and Limitations on Use of Services

Users of the Services must be at least 13 years of age.

Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by iWebPhoto. If iWebPhoto determines that it has collected personal information of children under the age of 13, iWebPhoto will immediately delete such information.

Users are limited to one account per email address. Users are limited to the file size, bandwidth and storage limitations related to their account level. iWebPhoto reserves the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system. iWebPhoto has the right to change these limitations without notice to the user. In addition, iWebPhoto reserves the right to terminate any account for non-use of longer than 90 days. Your account will also be protected by a password selected by you. You are solely responsible for the dissemination of your password and other security information relating to your account, and are fully responsible for all activities that occur under your password or account. Please notify iWebPhoto immediately in the event that you believe your password is no longer secure. Use of the Services is also governed by the iWebPhoto Privacy Policy

Trademarks and Copyrights

All trademarks, brands and service marks used in conjunction with the Services by iWebPhoto shall be the property of iWebPhoto and W3Now. iWebPhoto and W3Now shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form except as it relates to the personal use of the site for the viewing and storage of your images at iWebPhoto. This license does not apply to any third party images stored at iWebPhoto. Permission for use of such content must be obtained from the copyright owner. iWebPhoto claims no ownership interest in the images posted by you at iWebPhoto.

Copyright Infringement

iWebPhoto respects the intellectual property rights of others. However, you agree that iWebPhoto is not responsible for any violations of any intellectual property rights in any images or content posted to iWebPhoto. You understand that by using these Services that your images will be publicly available to others for viewing, linking and copying, and that iWebPhoto has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of your images. If you believe that your intellectual property rights have been infringed by another party please contact iWebPhoto at P.O. Box 4513, Parker, CO 80134. Please provide:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Upon receiving your complaint, iWebPhoto may, in its sole discretion, remove content that you believe infringes your copyright. In addition, iWebPhoto may terminate the account of the user who appears to be infringing your intellectual property rights.

Disclaimer of Warranty and Limitations of Liability

iWebPhoto expressly disclaims any responsibility or liability for the use of the Services by you. iWebPhoto also disclaims any and all responsibility or liability for:

• the accuracy, content, completeness, legality, reliability, operability, or availability of information or material in this site.
• the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
• any harm resulting from downloading, or accessing any information or material through the site.

THE SERVICES, CONTENT, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU, THE USER, UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF SUCH MATERIAL.

UNDER NO CIRCUMSTANCES SHALL iWebPhoto BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF iWebPhoto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE OR SERVICES, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification.

You agree to defend, indemnify, and hold harmless iWebPhoto and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct). iWebPhoto reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you, in which event you will cooperate with iWebPhoto and its counsel in the conduct of such defense.

Forum and Choice of Law.

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Service or your use of the Service shall be filed only in the federal courts located in the State of Colorado, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement.

These Terms of Service constitute the entire agreement between the you, the user, and iWebPhoto with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between iWebPhoto and you with respect to the subject matter hereof, except that any other terms and conditions located on any individual site associated with iWebPhoto are incorporated herein by this reference to the extent they do not conflict with these Terms of Service. If a court should find that one or more rights or provisions contained in these Terms of Service are invalid, you agree that the remainder of the Terms of Service shall be enforceable.

Member and Visitor Responsibilities

Free Membership Account Requirements

1. You must add some photos to your album within 1 month of signing up
2. You must log into iWebPhoto least once per month
3. You must visit our advertisers web sites regularly

Your free account will be removed without notice if you do not meet all of these requirements.

All Accounts

• Members and other visitors are responsible for making back-up copies of photos prior to uploading them to the iWebPhoto site. iWebPhoto is at no time responsible for any photo files.
• Members and visitors are responsible for using the site as indicated, and for it's intended purposes only.
• It is very important to use a complex password to keep hackers from getting into your photo web site. Always use a password containing special characters like: $%@!~^, numbers and letters
• Anyone attempting to use the site outside of its intended purpose or to perform malicious, site-breaking or hacking activities will be removed and banned from the site with no membership refund. Legal action will be taken by iWebPhoto for such activities.
• Members or visitors attempting to upload files of a different format than .jpg or .gif will be immediately banned from the site with no membership fee refund.
• Members and visitors are required to use the site for G-rated photograph content and family-friendly activities. Pornographic or hate activity, will result in immediate account termination without a refund. iWebPhoto has sole discretion.

Membership Expiration Information

When your membership or album expiration date arrives, your credit card will be automatically charged for the next membership or album renewal period. For example, if you had signed up for the Club Membership for 12 months, your card will be charged for the next 12 months upon renewal, or if you purchased an album for 6 months, your card will be charged for the next 6 month period to renew your album.

If you wish to cancel, it is your responsibility to cancel your iWebPhoto account at least 30 days in advance of your album expiration date. Failure to do so will result in automatic renewal on your credit card.

If your credit card does not accept the charges, then you will be notified, and your photos will be kept at iWebPhoto for 10 more days. During this 10 day period, your account will be "on hold" so that when you log in you will be redirected to the Membership Renewal Form for your convenience in renewing your Club Photo Membership or Link Photo Membership. Your guests may still log in to visit your photo albums during this time.

If you have not renewed your membership with a valid credit card by the time the 10 day "on hold" period is up, your photos will be permanently deleted form iWebPhoto. Once your photos are deleted they cannot be recovered, not even by our technical staff. Please do not let this happen to you!

Renew Next Year's Membership in Advance

In order to safeguard your photos, you may renew your Club Photo Membership or Link Photo Membership ahead of time. You will not lose any membership time if you do this. Your current membership expiration date will simply be extended for another period. You may purchase as many periods in advance as you wish, keeping in mind that no refunds are given for future membership payments. Paying in advance also has the advantage of protecting you from any future price increases.

Reminders of your expiration date

iWebPhoto posts your next album and membership expiration date on your My Albums home page at all times. In addition, iWebPhoto will attempt to send you a renewal reminder email during the 10 day "on hold" period. Only one reminder email will be sent, as we do not wish to bother our customers with unwanted email. Please keep your email address up to date at iWebPhoto, and ensure your spam filter accepts email from iWebPhoto, so that we may keep you informed about your account. We do not wish for you to lose your photos for not keeping your email address up-to-date or a spam filter problem.

System Requirements

Before you purchase a membership at iWebPhoto, we ask that you first take advantage of our Free Membership.

This will help you determine whether iWebPhoto meets your needs and expectations. It will also help you determine whether your computer configuration and browser settings are compatible with the iWebPhoto site.

Pro-rated Club Photo Membership refunds are given only to those members who first utilized our Free Membership. Link Photo Membership refunds are not given.

Please ensure your computer meets the following system requirements, including the extras that may make your iWebPhoto experience even more rewarding.

System Requirements
-Microsoft Windows 95 / 98 / ME / XP
-166MHz processor or faster
-RealPlayer or MediaPlayer (desirable)

Computer Memory
-128K+ RAM
-If you plan to upload or view many photos, you will wish to add more memory.

Internet Connection
-56K+ modem.
-If you plan to upload larger photo files (over 400K), you will be happier with higher speed connection such as cable or DSL.
-A connection to the Internet via an Internet Service Provider (ISP) of your choice.

Web Browser
Any of the following web browsers will work (at default factory settings)
-Microsoft's Internet Explorer 6+
-Netscape 6+
-AOL 6.0+
-Other browsers that closely mimic Internet Explorer 6+ or Netscape 6+, such as Opera, Firefox, and Mozilla

Browser Settings
-Cookies must be enabled in your browser (most browsers come pre-configured for this)
-Must be JavaScript enabled in your browser (most browsers come pre-configured for this)

Consider your Friends’ Computers
When you are creating your photo albums at iWebPhoto, remember that your friends may not have as much computer memory, or as high of a connection speed as you do. Therefore, the photos will load much slower on their computers than yours. It's best to keep each of your albums under 500K if you are sharing them.

Before requesting a membership refund from iWebPhoto, we encourage you to first contact us and let us know your concerns. We are very happy to work with you on any issue to help make your iWebPhoto experience a good one. Please use a "Contact Us" link found throughout the site to let us know the problem.

If you are still not satisfied, please use a "Contact" link - located throughout the site - to write your complaint and request a refund. Please explain the problem in detail, and let us know that you are requesting a membership refund. If iWebPhoto records indicate that you first used our Free Membership, we will gladly refund the remaining portion of your membership. Membership time already used is not refundable. At least one month of fees will be withheld to help accommodate processing fees.

If you receive a refund, your Username and your online photos at iWebPhoto will be permanently removed.

Privacy Policy

Photo Privacy
All photos in your photo albums at iWebPhoto are public, and will be available for public searching, copying, linking and viewing, unless you mark your photo album as private (by purchasing your photo albums). If you post your photos or slide shows on other websites, then they become public.

If you visit iWebPhoto and do not log on as a member or sign up, we do not obtain any personal information about you. When you log on or sign up, we obtain your Username and Password and additional provided information to identify you. We may also use this information to provide you with products and services you have requested and to inform you about products and services that you may be interested in and to assist you in other ways.

Emails and Encryption
As a security measure, we do not include personal information, such as credit card numbers, in non-secure emails, and we advise you to not send such information to us in non-secure emails. We do include your member password in a non-encrypted e-mail message which is sent to you, at your request, if you forget your password, and when you first sign up..

Credit Card Transactions
Credit card transactions are secured by Secure Socket Layers (SSL) and encryption. SSL is used to establish a secure connection between your PC and a secure iWebPhoto server. It transmits information in an encrypted or "scrambled" format. Your credit card statement will read as "W3NOW".
· Encryption is achieved through a standard Internet electronic scrambling technology and SSL.
· You can exit the secure area by either closing your browser, or for added security, you should use the "log-out" link on the My Album home page, or return to iWebPhoto's home page, before you close your browser.

Cookies
A "Cookie" is a piece of information that is written to your personal computer's hard drive. When you log-in to iWebPhoto a cookie is used to identify you. Your browser must be configured to accept cookies in order for iWebPhoto to function properly (most browsers are pre-configured for this). The cookie simply tells iWebPhoto who you are as you move from page to page on the iWebPhoto site. It helps to ensure your access security while visiting iWebPhoto. The use of cookies is standard on most web sites. Cookies used by iWebPhoto cannot reveal personal information about you to other web sites.

Credit Card Numbers
iWebPhoto never stores your credit card numbers in any database, anywhere.

How You Can Help
You must also do your part to keep your information private, and to prevent unauthorized access. If you obtain a Username and Password, do not allow it to be used by anyone else. Do not disclose your password to anyone. If you wish for someone else to view your photos, give them your Username and your Album Code, not your password.

You must use a complex password to keep hackers from getting into your photo web site. Always use a password containing combination of special characters like: $%@!~^, numbers and letters.

Secure credit card processing and authorization is provided by VeriSign, Inc., the world's largest Internet trust services provider.

iWebPhoto works with Visa, Master Card and American Express credit card services for your convenience. If you do not wish to use one of these credit cards over the Internet, you may send a check or money order to:

After your check or money order is received and processed successfully, your membership will be established. You may begin using iWebPhoto member services after you receive our e-mail confirmation to you.